Complainant : Shaina Jayan, Pambumkattil House,
Manakody.P.O., Thrissur.
(By Adv.P.P.Babu, Thrissur)
Opposite Parties : 1. Trade Links Chits & Financial Enterprises
Pvt. Ltd., Area Office, Kannamkillath Bldg.,
P.O.Nattika, rep. by Chairman, K.S.Manoj,
Kuruvath House, Kandassamkadavu.P.O.,
Thrissur.
2. K.S.Manoj, Chairman, Trade Links Chits &
Financial Enterprises Pvt. Ltd.,Kuruvath
House, Kandassamkadavu.P.O., Thrissur.
3. T.A.Thomas, Director, Trade Link Chits &
Financial Enterprises Pvt. Ltd., Thermadom
House, P.O.Kattoor, Thrissurr.
4. M.N.Sajeevan, Director, Trade Link Chits &
Financial Enterprises Pvt. Ltd., Mullayil
House, P.O.Kurumbilavu, Thrissur.
O R D E R
By Dr.K.RadhakrishnanNair, President (I/C)
The case of the complainant is that she had subscribed one chit with the opposite parties as detailed below. Chit No.JM 133 7th day, Total sala Rs.60,000/-, pass book No.555, instalment amount Rs.1,200/-, Total instalment 50, maturity date 7th February 2016. The 1st opposite is the chit company represented by its Chairman. 2nd & 4th opposite parties are its directors. The business was canvassed through agents as well as through widespread advertisements. Opposite parties have offered 12% interest. The complainant has been made to believe that they have obtained the necessary legal sanctions for conducting the chit business as well as accepting deposits from the public. As per chit No.JM 133, the complainant had paid upto 48th instalment and the remaining two instalments could not be remitted due to the closure of their office and absconding of opposite parties. The total amount thus paid is Rs.56,436/-. .Even after maturity dates the amount of Rs.56,436/- with interest was not returned. Repeated demands were not considered by the opposite parties. There were a large number of subscribers similarly suffered at their hands. Opposite parties were criminally proceeded and arrested and are released on bail. In the circumstances complainant is entitled to get the paid amount of Rs.56,436/- with 12% interest from the date of maturity of each chit. Opposite parties are liable to pay being deficient in service and have committed unfair trade practice as well.
2. Case admitted, issued notice to opposite parties. Notices returned with an endorsement “addressee left the station”. Being a known case of cheating and exploitation of poor consumers, they were set exparte.
3. Then the case posted for complainant’s evidence. Complainant appeared before the Forum in person and produced proof affidavit along with a document, which is marked as Ext.P1. Ext.P1 is the pass book No.555 of JM 133. The document is original. Exts.P1 pass book clearly establish the chit subscribed by the complainant. Opposite parties have themselves opted out to give any evidence. In the absence of any contra evidence, the documentary evidence and confirmation of the same by solemn statements are sufficient to discharge the burden of proof of the complainant. We find that the opposite parties are deficient in service and have committed unfair trade practice by nonpayment of the deposited amount.
4. Relief and cost : We are inclined to allow this complaint and direct the opposite parties to pay Rs.56,436/- (Rupees Fifty six thousand four hundred and thirty six only) with 12% interest from the date of maturity i.e.7/2/2016 and also compensation of Rs.10,000/- (Rupees Ten thousand only) within thirty days from the receipt of a copy of this order. No order as to costs. Complaint allowed accordingly.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 17th day of February 2020.
Sd/- Sd/-
Sreeja.S Dr.K.Radhakrishnan Nair
Member President I/C
Appendix
Complainant’s Exhibit
Ext.P1 Kuri pass book
